Advocacy Matters November 2018

ADVOCACY MATTERS
The Advocates’ Society
November 2018

CONTENTS
04
07
14
18
20
From the Editor
Lauren Tomasich, Osler, Hoskin & Harcourt LLP
TAS Report
Karin Sachar, Osler, Hoskin & Harcourt LLP
Farewell Master Albert
Max Gennis, Glaholt LLP
The Future Of Advocacy
Brent J. Arnold, Gowling WLG
Interview
Compiled by Laurie Livingstone, Cassels, Brock & Blackwell LLP
Mastering the art and craft of advocacy is a career-long commitment and we are
here to help. The Advocates’ Society has been the premier provider of advocacy
skills training for over 30 years. We are proud to provide lawyers across Canada
with the training and the confidence they need to execute on their feet when it
counts. The Judge will notice…your clients will too.
Editor: Lauren Tomasich, Osler, Hoskin & Harcourt LLP, Ltomasich@osler.com
The opinions expressed by individual authors are their own and do not necessarily reflect the policies of The Advocates’ Society.
Visit www.advocates.ca. Be part of the legacy of extraordinary advocates.
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FROM THE EDITOR
Wrapping up 2018
Lauren Tomasich, Osler, Hoskin & Harcourt LLP
A quick review of the list of Advocates’
Society Practice Groups (15
in total!) is an important reminder
of how diverse the litigation bar
is. While we are all advocates at
heart, the diversity in our profession
and our individual practices
is really quite remarkable – we
all might use procedural rules or
the rules of evidence in one way
or another, yet individual practices
are rarely exactly the same
– even within the same firm.
The Advocates’ Society’s Practice
Groups play an important role in
ensuring that members can both
learn from and network with individuals
in their chosen areas
of practice. This edition of Advocacy
Matters is a nice reminder
of this, with features from three
different practice areas on exciting
events and publications.
The Construction Law Practice
Group hosted a retirement event
for Master Carol Albert, and Max
Gennis provides a warm recount
of the event as well as a reflection
on Master Albert’s impressive
career. Karin Sachar shares
an update on the Class Actions
Practice Group’s annual Bench &
Bar reception, where Justice Morgan
provided some sage advice
for class action practitioners. The
big picture takeaway: be strategic
and hone in on key points for
concise, targeted and persuasive
written and oral advocacy. And
finally, our interview this edition
features Brigeeta Richdale who
has a dynamic practice focused
on securities litigation and regulatory
matters in Vancouver. So
there you go – three different and
diverse practice areas in one edition,
which is really just scratching
the surface.
The content of this edition
aptly facilitates a shameless
plug for joining the TAS Practice
Groups generally. Connect and
learn from other TAS members
that share your interests as you
shape your practice. Be inspired
by senior practitioners, judges
and other adjudicators in the
space. Learn about how others
are confronting the practice
challenges you face. Reach out
to Practice Group leaders about
ways to get involved.
And, on a totally unrelated
note, this is the last edition of
Advocacy Matters for 2018, so
I’m going to take this opportunity
to boast about our consistently
high “click through” rates – which
is of course attributable to our
stellar TAS member content. Special
thanks to Sarah Armstrong,
Brent Arnold, Jordan Lester, Laurie
Livingstone, Sabrina Lucenti
and Yola S. Ventresca for being
such key content contributors
and thought leaders.
Thank you for reading. Have a
safe and happy holiday season,
and we will see you in 2019!
All-star faculty is an
understatement...
Immerse yourself in excellence and
learn from the best at the
ADR Advocacy: Advanced Techniques
program on December 11, 2018.
The Hon. W. Ian C. Binnie, Q.C., C.C.,
Lenczner Slaght
The Hon. Marshall E. Rothstein. Q.C., C.C.,
Osler, Hoskin & Harcourt LLP
The Hon. Warren K. Winkler, Q.C.,
Arbitration Place
The Hon. Dennis O’Connor, O.C., O.Ont, Q.C.,
Borden Ladner Gervais LLP
The Hon. Coulter A. Osborne, Q.C.,
Arbitration Place
Clare E. Burns, WeirFoulds LLP
John A. Campion, Gardiner Roberts LLP
Rosalind H. Cooper,
Fasken Martineau DuMoulin LLP
Andrew Faith, Polley Faith LLP
Stephen Grant, LSM, ASM,
Grant Crawford & Watson LLP
Katherine L. Kay, Stikeman Elliott LLP
W.A. Derry Millar, LSM, WeirFoulds LLP
Lisa C. Munro, Lerners LLP
Terrence J. O’Sullivan, LSM,
Lax O’Sullivan Lisus Gottlieb LLP
Denise Sayer, Paris & Company
Martin Sclisizzi FCIArb,
Arbitrator and Mediator
Kent E. Thomson,
Davies Ward Phillips & Vineberg LLP
LEARN MORE
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THE NEXT TEN
(Click on the program to learn more)
DEC 01
Criminal Trial
Advocacy
DEC 05
Mastering the Art of
Oral Communication
with Steven Stark
DEC 07
Leading Your Case:
Opening Statements &
Examination-in-Chief
DEC 11
ADR Advocacy:
Advanced Techniques
DEC 13
President’s Festive
Reception
DEC 14
Exercising
Professionalism
and Civility
TAS REPORT
A Classy Affair - CAPG
Bench and Bar Reception
JAN 25
Tricks of the
Trade
JAN 30
Cross Examination:
Strategies for
Success
Karin Sachar, Osler, Hoskin & Harcourt LLP
JAN 31
Ottawa President’s
Reception
FEB 12
2019 Advocates’
Society Medal
Dinner
The Class Actions Practice Group hosted its inaugural Bench and Bar Reception on
November 5th. Despite some stiff competition from student recruitment week, the reception
was very well attended by members of the plaintiff and defence bar. Justices Glustein,
Morgan and Conway attended, with the former two providing some brief remarks.
Justice Glustein, fresh off a flight from Taiwan, resisted jet lag long enough to say
how much he is enjoying working with the class actions bar. He was particularly appreciative
of the fact that counsel generally cooperate to avoid bun fights whenever
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CAPG Bench and Bar Reception (left to right):
The Honourable Justice Edward Morgan, Superior Court of Justice; Margaret Waddell, Waddell
Phillips PC, Chair, Class Actions Practice Group; The Honourable Justice Benjamin Glustein,
Superior Court of Justice; The Honourable Justice Barbara Conway, Superior Court of Justice
possible. Additionally, he noted that the
less formal, more frequent communications
between the class actions bar and
the bench facilitates common sense
resolutions of issues.
Justice Morgan agreed that it was a pleasure
to work with the class actions bar.
He took a few moments to provide some
hot tips for class actions practitioners:
• Be strategic when presenting oral
arguments and hone in on your key
points right away. The important issues
and large dollar figures associated
with class actions do not mean that
every issue in the case should be canvassed
by counsel.
• Resist overpleading your case - it is
better to focus on the main legal issues.
If you have a straight breach of
contract case, you should not complicate
it with pleadings of breach of fiduciary
duty, etc, unless those issues
are truly in play.
• Draft facta more concisely, notwithstanding
that the 30 page limit does not apply
to facta in class proceedings. Judges
groan just as much as opposing counsel
when receiving 150 pages of materials.
Be sure to join the Class Actions Practice
Group to receive notifications of future
events!
President’s Festive Reception
Thursday, December 13, 2018
5:30 PM
The Advocates’ Society
2700-250 Yonge Street, Toronto, ON M5B 2L7
Please join President Brian Gover for an evening of
collegiality and festive cheer.
Click here to register
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FAREWELL MASTER ALBERT
Master Carol Albert
Retirement Dinner
Max Gennis, Glaholt LLP
On October 18, 2018, members of the construction law bar joined former and current
members of the bench in order to toast Master Carol Albert and wish her well as she embarks
on a well-deserved retirement. The event was hosted by The Advocates’ Society’s
Construction Law Practice Group, and generously sponsored by Driver Trett and Koskie
Minsky LLP. The fact that over 100 people attended is a testament to the impact Master
Albert has had on the legal landscape of construction law in Toronto and beyond.
The event was MC’d by
Christopher Stanek of Gowling
WLG (Canada) LLP, who
serves as Co-Chair of the Construction
Law Practice Group.
He kicked off the evening by
introducing his Co-Chair, Jeffrey
Armel of Koskie Minsky
LLP, who spoke eloquently
about Master Albert’s career
accomplishments and stellar
reputation, and even provided
some insight into Master
Albert’s life and interests
outside the courtroom. In
particular, Jeff emphasized
Master Albert’s ability to effectively
manage complex
multi-party construction lien
references, and guide them
towards a just conclusion. He
was followed by Master David
Sandler, who not only spoke
warmly about his former colleague
and their experiences
working alongside each other,
but also treated the delighted
audience to a ukulele tribute.
These speeches were full of
interesting details reinforcing
just how remarkable Master
Albert’s career has been. For
example, Master Albert was
the first woman to be appointed
a Master in Toronto,
and was made an Honourary
Fellow of the prestigious Canadian
College of Construction
Lawyers.
Finally, it was time for the
guest of honour to reflect
on her distinguished career.
Master Albert took the time
to warmly thank the family,
friends, and colleagues who
provided her with assistance
over the years. She also spoke
of the importance of civility between
counsel, and the degree
to which the construction bar in
Toronto demonstrates this. As
Master Albert moves into this
new chapter of her life, there is
no doubt that her example of
preparedness, mutual respect,
and creative problem-solving
will leave a lasting mark on our
bar for years to come. 393 University
Avenue will not be the
same without her.
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RETIREMENT RECEPTION FOR MASTER CAROL ALBERT
Thursday, October 18th, 2018 | The Advocates’ Society | Toronto
Retirement Reception For Master Carol Albert (left to right):
Jeffrey A. Armel, Koskie Minsky LLP; Retired Master David Sandler; Retired Master
Carol Albert; Michael Firestone; Christopher Stanek, Gowling WLG (Canada) LLP
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1. @jennhunter2: “And now the new season of @serial!”
Serial, a This American Life spinoff, is a podcast about crime and
law. Season One called into question the conviction of a teenager
for strangling his girlfriend in Maryland in 1999. Season Two
follows the story of an American soldier and Taliban prisoner
accused of turning traitor. The current season sees the Serial
team embedded in a Cleveland court, observing the way day-today
justice (or injustice) is meted out to ordinary citizens.
2. @IRPlawyer: “I can’t believe @DrivingLawPod didn’t make
the cut!”
On her Driving Law podcast Vancouver criminal lawyer and DUI
expert Kyla Lee “discusses with guests all things related to the
changing legal landscape on our roads.”
THE FUTURE OF ADVOCACY
Law Podcasts Redux—
Twitter Mailbag Edition
Brent J. Arnold, Gowling WLG
3. @JonathanESpitz: “Trick question answer is @SCLawPod”
Direct Examination (which clapped back from its own twitter account
@SCLawPod with a gif of disappointed Justin Timberlake)
is hosted by lawyers in South Carolina, covering the law, legal
issues and politics.
4. @michelepoole95: “@NSLpodcast and @FirstMondaysFM”
The National Security Law Podcast presents a weekly review of legal
issues surrounding U.S. national security activities and institutions.
Presented by professors from the University of Texas at Austin.
First Mondays , another SCOTUS podcast, sees law professors
from Harvard and Washington University “talk about upcoming
cases, break down the Term’s major (and not-so-major) arguments,
analyze opinions, gossip about Court intrigue, and make
wildly inaccurate predictions.”
5. @canuckknitter: “@StereoDecisis”
Stereo Decisis discusses current topics in Canadian law. Recent episodes
grapple with whether there’s a constitutional right not to be
blocked on twitter, and Toronto mayoral candidate Faith Goldy’s
suit against Bell Media for refusing to air her campaign ads.
In the October issue of Advocacy Matters I presented a collection of law-related
podcasts with a Canadian focus. @Advocates_Soc tweeted it out with a poll inviting
followers to pick their favourite. Of Counsel was the fan favourite with 53% of the
vote. The Docket clocked in second at 39%.
More importantly, the twitterverse lit up with other suggestions. So here are some
of your suggestions, dear readers, in the order received:
And TAS Presents…
Watch out in the coming months for a podcast by your
very own Advocates’ Society: a co-production of YASC
and the 10+ Committee featuring insights, entertainment,
and news about Society events.
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Q. During your commute to
work you are ...?
A. ...enjoying a glorious child-free moment
and a Chai Tea Latte with my partner.
Q. Restaurant recommendation for out
of town counsel?
A. Savio Volpe in East Vancouver
Q. Your best advice for young litigators just starting out?
A. If (When) you feel overwhelmed, complete one small task to remind yourself that you have the
strength and ability to continue moving forward.
Q. Pets: Yes? No?
What kind?
A. Hard Pass
Q. Any pre-game rituals
before court?
A. Guns N’ Roses
Q. Preferred social media
platform?
A. Instagram
INTERVIEW
In conversation with
Brigeeta Richdale
Cassels Brock & Blackwell LLP, Vancouver, BC
Compiled by Laurie Livingstone
Cassels, Brock & Blackwell LLP
Q. Most embarrassing
moment as a litigator?
A. Misspelling my own
name during appearances.
Nailed it.
Q. A food you
can’t stand?
A. Poutine
Q. How long from the time you wake up in the morning to
the time you first look at your phone?
A. Approximately 8 seconds.
Q. Favourite
vacation spot?
A. Wailea, Maui
Q. Most proud moment
as a litigator?
A. Obtaining my first Worldwide
Mareva Injunction to
freeze and preserve assets.
Q. TV/movie lawyer you most relate to and why?
A. A fun mix of Daniel Kaffee (A Few Good Men) and Elle
Woods (Legally Blonde)...and occasionally Lionel Hutz (The
Simpsons)
Q. What gives you
sanity?
A. Hiking and camping in
the backcountry.
Q. What word or phrase
do you most overuse?
A. “Fack, this file just blew
up!”
Q. Your key to staying
healthy in a stressful
profession?
A. Family Fight Club Night
(although I just broke the
first rule of it...).
Q. Other than files,
name 3 things that are
always on your desk.
A. Photos of my children,
a collection of baseballs,
and my tractricoid top
(my Inception totem).
Q. What drives you insane?
A. People who are late. The thought of getting a parking
ticket (note: I received a parking ticket in July of 2005 and
I still get nightmares).
Q. Podcast
recommendation?
A. Fault Lines and
The Goop Podcast
Using six words, no more, no less, finish this sentence:
What has surprised me the most over the past year is .... that finding joy can destroy fear.
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BREAKFAST AT TIFFANYS
Wednesday, October 10th, 2018 | Four Seasons | Toronto
E-Discovery (left to right):
Anna-Lee Chow-Lin-On, EY; Esther
Labindao, Director, Ricoh; Rachael
Jastrzembski, Torys LLP; Marina
Bonifacic, RBC
E-Discovery (left to right):
James Swanson, Miller Thomson LLP; David
Outerbrdige, Torys LLP; The Hon. Justice
Frederick L. Myers, Ontario Superior Court
of Justice; The Hon. Master P. Tamara
Sugunasiri, Ontario Superior Court of Justice;
Tanya Walker, Walker Law
Breakfast Near Tiffanys Panel (left to right):
Kate McGrann, Crawley MacKewn Brush LLP;
Jacqueline A. Horvat, Spark LLP; Sonu Dhanju-
Dhillon, Torkin Manes LLP; Carolyn Silver, College of
Physicians & Surgeons of Ontario; Chris G. Paliare,
LSM, Paliare Roland Rosenberg Rothstein
E-Discovery (left to right):
Chuck Rothman, McCarthy Tetrault LLP;
Rachael Chadwick, EY; Marlon Hylton,
Cassels Brock & Blackwell LLP; Heather L.
Hansen, Martha McCarthy & Company
E-DISCOVERY
Tuesday, November 6th, 2018 | The Advocates’ Society | Toronto
E-Discovery (left to right):
Kathryn J. Manning, DMG Advocates LLP;
The Hon. Justice Frederick L. Myers,
Ontario Superior Court of Justice; The Hon.
Master P. Tamara Sugunasiri,
Ontario Superior Court of Justice
18 19

FALL CONVENTION
Wednesday, November 7th, 2018 – Saturday, November 10th, 2018
Laguna Beach, California
Fall Convention (left to right):
Susan Van Der Flier, Fiddes Van Der Flier Law Corp; Megan Savard, Addario Law Group LLP;
Frank Walwyn, WeirFoulds LLP; Jack Graham, McInnes Cooper
Fall Convention Keynote Speaker:
Michelle Bratcher Goodwin, Chancellor’s
Professor of Law, University of California
Fall Convention (left to right):
Brian Pel, Heuristica Discovery Counsel;
Crystal O’Donnell, Heuristica Discovery Counsel
Fall Convention (left to right):
Domenic Marino, PwC Canada; Jennie Chan,
PwC Canada; Joseph Coltson, PwC Canada
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www.advocates.ca